so
THE SUNDAY" OREGOXIAX, PORTLAND, MAY 21. 1DIV
NO SEAT, 110 RIDE
PUN CONDEMNED
General Manager Hild of Rail
way Company Asks Clubs
to Fight It.
WARNING IS ISSUED PUBLIC
Traction Official In Appral to Im
proirmrnt Asportation Vaja Pro
posed Ordinance Would Work
Great Hardship on All.
Ta a lttr Pnt tn tha Yartous lm-
lrTmrtt rltjh In tha cltr Che Port
land Railway. I-iffht A mr Com
rny urifs votr t' toi atralDit tha
pmpAMd rd inane maklnr It unl
ful to allow prrnonji to board a atrwt-
cmr when no at ar available.
F. W. Iltld. a-rnrml innar for tha
company, after atudylna f ha effevta
that likely r to renult from tha en
art men t of urh a measure, haa ad
d rented tha Improrvment ciub as fol
io wa;
A or, fn t.iv mikmi It oatawful tnrfn
' eralti rui hogr to permit inr prrn
aM or ftwtmin n nir twtrr a wbU-h
a at im avaiUb.e f.r auia person
will ba auhmttteii to tha Totera fir
acttnn In the Jun election.
Rlrtna upon the rommn aenne of
mir c!Mnji and mnflitent of a square
deal at thetr htivt when they under
stand tha fart. I Ak you and your
asportation to con.i.lr thl proposed
meaaura mnvt carefully.
t Kir rlty I a-rowlnc wonderfully
fast and If It experience 'jcroarlnfii
pain. do not mtitke tt fr dleue.
If. during; the rush hour the cars are.
crowded, do not forget that of primary
responsibility la the custom common to
all American cttles. of the lrct ma
jority of the population. In the short
npara of an hour or an hur and one
half, to rush home from work or busi
ness. Company a Work llrcountrd.
"Do not forn-et that here In I'ortlnnd
the street railway company H striving
with all the power and ability at Its
command to Improve the trmfflr con
ditions, to tetter Its service. lo not
f'Tgret that the executive officials
the Portland Hallway. I.laht 4k lnwe
C"mpanv with f.tifh In the community
and with financial courage almost un
equalled have rained and expended mil
lion of dollars for Improvementa. bet
ferments anH new construction of the
public utilities of the city. Po not
frrrt that during this year con
siderably over I. . oo (much more
than the a:ros earnings) are belne ex
pended. of whlrh nearly IS&O.ooo Is for
additional car for Juna and Sep
tember delivery.
Io not forcrt that tnera are factors
strongly afTectlnw streetcar transporta
tion which are beyond the control of
the street railway organisation, such
a the br Id tc re, the vehicular conges
tton. the narro-v streets, tha short
blocks. To not forvel that the ad
mtntstrattve officials and employe,
some in all. are but human, with
human liability to error and with
human limitation of performance. Hear
In mind the phenomenal growth of
Portland while you are thinking of
these things.
Hardship I Predated.
"The proposed ordinance making It
unlawful during certain rush hours to
permit any person to board or remain
on any streetcar on which no seat
available for such person Is unreason
able. Impossible of execution and would
defeat the very object sought that I:
to provide better transportation facllt
ties. First of all It would cause In
tolerable hardship on the traveling
public.
"There la not sufficient trackage
our business district to permit enough
cars being run to give a seat to all
who desire to ride during the rush
hours, although cars occupied every
foot of track, except street Intersec
tions which must be kept open for
other traffic.
"Let us suppose the ordinance In
effect, that the impossible actuully had
been done and the necessary facilities
provided. An Kast Side resident leaves
hi office or place if business at the
usual hour, goes to Second and Wash
ington streets for example, to take a
Woodlawn or Alberta car. The first
car comes along hns a sealed load,
no one standing. He board the car
and Is Informed by the conductor of
tlte ordinance making It unlawful to
permit any person to board or remain
upon any streetcar In which no seat Is
available for t he passe ngr.
Kamplc I tiled.
"As a law-ahl'ttng citizen, he alight
and waits for ti e rexi car. t'ar No. 2
rmes along. He finds It has a seated
I'M J. but thinks possi hly th is conduc
tor might strain a point and let one
passenger ride. So be attempt tha
former tact ic with t tie same result.
The third fourth, fifth and sixth cars
arrive with seated load no one stand
ing. . He becomes Impatient, knowing
fiat dinner is waiting for him. and as
re t:ad left the office in ample time to
Teach home, eat dinner with his family,
and r-av!ng made arrangemen ta prob
ably to take them to the theater, or to
lstt on the West Side, be finds time is
getting short, and it dins not serve a
balm to have the seventh car come
alorg. also with a ieated lad. although
tf:ere are plenty of cara running. lie
can make no rvrrp'alnt as to there not
being suff icient cars, and finally he
boards the entii car. determined t
ride anyway and accept the conse
quences. After a heated argument with
the conductor, a pohceman Is called and
he la ejected from the car because the
ordinance isyi t:.at tt sf.all be unlaw
ful during c rtaln rush hours to permit
any person to board or remain upon any
streetcar In M-h there is n se.it
a at'aMe. Thereupon he walks up
Washington to Fifth strc-t. then north
on Ffth to catch one of the Incoming
cars and obtain a a at. At last he suc
ceeds, he looks at his watch and finds
that half an hour has elapsed since h
left the office.
ously are unaware of what tha railway
company wouid have to do to comply
with It. First of ail. funds for Im
provements can be raised only if the
railway producea net earnings. Tha
operation of the ordinance would effec
tual, y prevent net earnings, so that
no more funds could be raised and all
Improvements would have to cemae.
More Car, Loops, Men Needed.
"For example, tha railway system to
day requires about ana-half the power
general. ng and distributing capacity of
t.he company a plant. To comply with
th ordtnar.ee. were tha cars now avail
able, wouid mean to use all of the
present power capacity to supply the
railway. Were it possible to over
come this difficulty ultimately to get
the cars to build tha necessary addi
tional downtown loops rw build tha
necessary storage barns and ahops
there would still be tha practical im
possibility of securing enough carmen
to operate the cars for only the rush
hours of every day.
"It may Interest you to know that
today not more than to per cent of the
seating capacity of the cars operated
throughout the day In Portland Is
UtlHxed the other 40 per cent Is excess.
"Much harm and mischief to the pub
lic and to the company can be done be
tween the adoption of this ordinance
and tha ultimata determination of Its
futility. I. therefore, appeal to your
c'rtc Intelligence to help bring the facta
of this measure before your organixa
U"0 Siiu w ii - i a si a. j i'u vu x. ms. u.
COX' TRIAL BEGINS
Error in Street Number Invali
dates Testimony.'
WOMAN' WILLING WITNESS
Jury to Try ex-Chief of Police Is
Obtained Affidavits Made Be.
fore District Attorney Re
pu dialed by Miners.
RECALL PUT ON BALLOT
COrRT HOLDS KI.IjIS
LKCiAL STKP.
CASE IS
Judge- C.anlenrx-ln Hold City Offi
cial Are Amenable to Law.
Quick Action Taken.
The recall of Joseph Kill. Council'
man from the Tenth Ward. must go on
the ballot, according to a decision pro
nounced yesterday br Presiding Judge
(lantenbeln. Saturday was the last day
of the period allowed the City Auditor
In which to prepare the ballots, and
while the Kills recall Is to be the
object of a special election for but
one ward of the cltr. It Is aimed to
save expense by placing- i.ie recall on
the ballots for that ward at the coming;
city election.
The Kills case decided yesterday
afternoon. Is believed to be the most
rapidly executed litigation ever before
local Circuit Court, taking- In con
sideration the amount of work that
performed In connection with It.
P. H Newell, throua-h Attorney
Oliver Mickey, nled a complaint yes
terday mornlnsT In which an order waa
souKbt to restrain the City Auditor
from placlna- the Kills recall on the
ballot, contending that the law would
not permit the recall of a city official.
A little later. City Attorney Urant
filed a formal answer to the complaint.
Then a demurrer to the City Attorney's
answer was flaw!, and a hearlnar waa
set for 1 o'clock rn the afternoon.
The case was argued by City Attorney
Orant and Ieputy City Attorney I-a-tourette
on behalf of the rlty. and
Oliver Hlrkey and Martin Walrus on
behalf of Mr. Kills.
Watrua set forth that the amend
ment to the orearon constitution. In
which It was provided that public off!
cers may be recalled, applied only to
state officers. The court overruled the
contention that the recall law waa not
self-executlnc and that It did not apply
to city officials.
Following the decision of Judge Gan
tenbeln. the opposlnar attorneys held
a conference, and agreed tentatively
to take the case to the Supreme Court,
merely to hiye It put out of the way
definitely, should the Supreme Court
reverse the lower court, mandamus will
be applied for to keep the votes on the
Kills recall from be Ins; counted, as It
Is now too late to keep the recall from
Fretting- on the ballot by an appeal to
the Supreme Court.
It haa been contended by Mr. Kills
and his friends that back of the effort
to recall hlra are the pavtns; Interests
and the sewer-plne combine, against
which he has conducted fights in the
City Council. At the hearing of the
case representatives or some local
paving firms were present.
SEATTLE AIDS ASTORIA
One of three women, called to tes
;lfy on behalf of the state In the case
against ex-Chief of Police Cox yes
terday morning, was excused by the
court and her testimony waa stricken
from the records because a mistake
had been made In the number of the
house she had conducted, while the
other two women denied their calling
and refused to confirm written state
ments they had previously-signed at
the office of the District Attorney, in
which they had confessed.
When the Jury was completed the
opposing attorneys presented their
opening statements to the jury and
the taking of evidence waa begun.
City Auditor Barbur testified that
Mr. Cox had been duly appointed and
qualified Chief of Police and was serv
Insr as such at the times mentioned in
the Indictment, between November li.
110. and April 13. 1S1I. Then the
testimony of women was taken up.
The first of these witnesses was
Genevieve Warrington, who said that
she had been living at 1S Clay street
with other women last November, and
that she had never been Interfered
with by the police. She was a willing
witness and was answering; questions
freely, when the attorneys for the de
fense challenged h.T testimony on the
ground that 1S Clay street was not
ncluded In the list of houses men
tioned In the Indictment.
Krror In Nnmber Fatal. :
Deputy District Attorney Collier
argued that as the Indictment men
tloned It Clay street, It waa .evident
that an error had been made, and he
Insisted the law would not ' limit the
state to the locations mentioned In the
Indictment any more than an error In
the amount of money stolen by a man
wouid Invalidate bis Indictment.
John F. Logan, one of Chief Cox's
attorneys. Insisted that it was neces
sary for the Indictment to be specific.
Inasmuch as it had been alleged that
the Chief had been warned that these
places were operating and that be had
refused to close them.
If the Chief were told that tha
place was 1SS Clay street, how could
he know that 1 Clay street had been
meant," asked Mr. Logan.
Tha court ruled out the testimony.
Alice Keller testified that she had
rooming-house at 240 Madison street
for two months, but she maintained
that she had been doing her beat to
conduct It as a respectable place.
Attorney Collier presented for her
Inspection an affidavit signed with
her name and asked ner If she had
signed It at the office of the District
Attorney. She replied that she had
signed It and had done so without be
ing forced to do so. but she main
tained still that the statement was
wrong Insofar aa the allegation about
the place being of an Immoral char
acter was concerned. She acknowl
edged that she had read the state
ment before signing It. and that she
told Mr. Collier previously that the
allegations contained Irr It were true.
Statement Is Repudiated.
The signed statement alleged that
man went to the woman's place one
day and showing the star of a peace
officer told her she must remember
him and that later the police told
her to close her place. The constant
contention of the woman that her
place waa not of bad repute was made
capital by tha defense.
thaen was confronted with a
signed by her to the effect
had been conducting a dls-
$15
s
Men's S
oits
Fifteen Dpllars, invested at Mover's, amounts
to the same as $20 or $25 invested in other
clothing: stores of Portland.
Our Men's Suits are stylishserviceableg;ood.
No patron of the Moyer Stores is ever ashamed
of his appearance he is well clad.
We buy at lower prices, because we buy more; we sell at
lower prices because we sell more clothing: than any other
clothier in the city. ,
Moyer's Men's Suits
High in Quality Low in Price
When You See It in
Our Ad It's So
B SB
O Y:
1h
First and Morrison
' First and Yamhill
Second and Morrison
Third and Oak
89 Third
orderly house at 169 Park street, but
she denied that the statement was
true. She said she had been served
with a subpena to appear before the
grand Jury to testify, but Instead of
going before the grand Jury she was
taaen before Deputy District Attor
ney Collier and questioned about her
place. She said she had filed bonds
to appear as a witness, but she denied
that she had been conducting an im
moral place. In reply to many of the
questions put to her she said she did
not remember.
The trial was adjourned at noon
yesterday until Monday morning, when
the taking of evidence on behalf of
the state will be continued.
Following is the personnel of the
jury: F. H. Salwaer, Joseph Lacost,
G. E. Vail, Louis La Fayette, J. Dalley,
J. Gaines, R. M. McDonald. J. M. Val
entine. F. K. Sanborn, F. Cadmonau,
Patrick J. Farley and G. S. Eagleton.
I XT Kit EST IV COMIXG CEXTEX".
XTAL IS KEEX.
Publk-lty Mnnaeer Sajs S3 Excur
sion Have Been Booked From
'tt'aeiilngton Already.
Delay Is Continued.
Fut Ma troubles are not ended. Now
rmes another difficulty, beoause the
1ps en whlt'h these cara operate are so
crowded with cars that there Is only
areut six feet f space between them
and coneiuent!y thry move very slow.
Iv. so. Instead of taking four or 111.
n-lnutes to rwl Hurnside bridge. 1&
minutes are necessary, and II ta condi
tion remains the same until he arrives
at the first tumlRX-off point ef the
track, which In this supposititious case,
will he Broadway. Ktnlly he arrive
home at Wotdlawn. or thereabout. In
Just one hour and Zi minutes from the
time of leaving Second and Wa'.' lr.g.
t-n. whereaa the trip today takes about
3U minutes.
-This would be true, in varying de
gree, of a l the lines. Then consider
a:o the further difficulties when Ilia
brieves are opened.
'Tee fraoicra of the ordinance obvf-
"It Is wonderful the. way Seattle
business men are 'boostlnar for the As
toria Centennial. The members of the
Chamber oC Commerce and those affll
ated with the Seattle t-ommerciai
Club seem to feel that It Is their duty
to make the centennial project a com
plete success." said John Day. public
ly manager or the Astoria centennial.
yesterday, discussing the results of
Is trip through Washington in me
merest of the centennial. Speaking
particularly of results. Mr. Day said:
There was a tendency among the
newapnrere of Seattle to do everything
j-v could for the centennial and Presi
dent Ixuglaa of the Carnival Company,
w f.toti Is to give the big 'Golden Pot'
ach.' personally devoted a great deal
of his time to a'd In the exploitation
of the centennial. He visited the new
paper offices and asked the support of
he editors and instructed Mr. Kob-
rts. head of his publicity bureau, to
do everything possible to exploit the
centennial.
-Colonel Blethen of the Seattle Times
ssurd orders to give special public
ity to the centennial, as did the general
manager of the Post-Intelllgencer. This
was true also of Mr. Schaefer. publisher
of the; Staats-Zeltung. and as a result
wa have been able to book 2 special
train excursions out of Washington for
the centennial.
"These same men are behind the
"Golden Potl-h' and they now have a
s. ulptor in Portland making a fancy
float to enter the Rose Festival par-ales-
tt la a wonderful public spirit
whlh mear.s the good of the whole
Northwest and It Is what Is making the
Northwest so attractive to tha outslda
world. There Is no narrowneea here,
and as a consequence every man la an
educator, who Is aiding his neighbor In
the development of the country. And
the 'Potlach' organisation la on the fir
ing Una of the boosters' and educator."
Slide Victim Are Bnrled.
Burial of the bodies of the victims
of the landslide on the Mount Hood
Hallway last Wednesday took place
at Gresham yesterday under direction
of the Mount Hood Construction Com
pany who employed the men. C J.
Cork, of Portland, president of the
Mount Hood Construction Company,
has been endeavoring to locate rela
tives of the unfortunate men. and In
the absence of advice arranged for
their burial. He will provide a lot
In the village cemetery for each of
the men killed and Clackamas County
wlU aid la bearing the expense.
r " . " V-l.' T 1 i-,-r wvti
.v, :- 7'-7; ;:
siimw1 ' in ' I saar nil'
Treating Eyestrain
by tneajis of suitable glares is
not by any means so simple as
it appears. .
The necescary skill can only be
acquired by years of sound,
close study and experience.
The necessary knowledge cov
ers a very wide field, and in
cludes Eye Pbysiolojry and An
atomy, Physical and Visual
Optics in their advanced stages,
also a practical knowledge of
lcii-trrindinp, cutting and pol
ihin?, and the manufacture of
glasses in all their forms.
My 20 years' erperience is at
your service, and I sraarantee
you satisfaction, at an honest
eost-
THOMPSON S
Second Floor Corbett Building,
rutn and Morrison.
2
If"
Modtrn Bu1n (Vnira. Sixth and Wnh
In: on. paen Al-vln 7422. Shorthand, book.
kptnc. Africa nvpplfcicaa. Day snd aifht
r-i vacatinaa aUafacttoa auar-
HlrSSi
66M
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Telephones: East 139 Sellwood 904 B 1319